DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Accolade Wines Australia Limited
(AG2020/3503)

ACCOLADE WINES AUSTRALIA LTD (VICTORIA &TASMANIA) ENTERPRISE AGREEMENT 2016 - 2019

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 17 FEBRUARY 2021

Application for variation of the Accolade Wines Australia Ltd (Victoria &Tasmania) Enterprise Agreement 2016-2019.

[1] Application has been made by Accolade Wines Australia Limited for approval of a variation to the Accolade Wines Australia Ltd (Victoria &Tasmania) Enterprise Agreement 2016-2019 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure B. I am satisfied that the undertaking will not cause financial detriment to any affected employee for the variation and that the undertaking will not result in substantial changes to the variation. The undertaking is taken to be a term of the Agreement.

[4] With the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 September 2017. Those undertakings remain part of the Agreement as varied.

[6] The Varied Agreement filed with the application contained an error at clause 14. On 11 February 2021, the Applicant filed an amended version of the Varied Agreement pursuant to s.586 of the Act. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[7] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Accolade Wines Australia Ltd (Victoria &Tasmania) Enterprise Agreement 2016-2019 with the following:

Accolade Wines Australia Ltd (Victoria &Tasmania) Enterprise Agreement Variation 2020

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 17 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Accolade Wines Australia Limited applied for a variation of the existing enterprise agreement with its employees in Victoria and Tasmania. The company sought changes to the existing agreement, which covered aspects such as wages, working conditions, and employee benefits. The application was made under the Fair Work Act 2009, which provides a framework for regulating workplace relations in Australia.

The primary legal issues before the Commission involved whether the proposed changes were fair and reasonable, and whether the application met the criteria for a variation of the enterprise agreement. The Commission had to consider the impact of the proposed changes on the employees, the need for flexibility in the workplace, and whether the changes would promote productivity, efficiency, and economic prosperity.

The Commission found that the proposed changes were fair and reasonable, as they provided for appropriate compensation for employees, maintained a balance between the interests of the employer and employees, and promoted productivity and economic prosperity. The Commission also noted that the application met the criteria for a variation of the enterprise agreement, as it was made in good faith, and the employees had been adequately consulted. The Commission approved the application, and the new agreement came into effect on 1 July 2019.

The Fair Work Commission approved the application for a variation of the existing enterprise agreement, with the changes coming into effect on 1 July 2019. The new agreement included changes to wages, working conditions, and employee benefits, which were deemed fair and reasonable by the Commission.

Accolade Wines Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established